Working group recommends employment overhaul for screen industry

Wednesday, 17 October 2018

The law change was originally in response to industrial action by actors on The Hobbit.

Workers in New Zealand's screen industry will be allowed to bargain collectively again under a model proposed by the Government-convened Film Industry Working Group.

The Labour-led Government had promised to address the controversial so-called 'Hobbit law' as one of its first pieces of work.

National introduced the Employment Relations (Film Production Work) Amendment Bill in 2010, preventing collective bargaining among film workers.

It was created and passed as a direct result of industrial action by actors on Peter Jackson's The Hobbit.

* Labour proposes to get the ball rolling to repeal the 'Hobbit law'

Iain Lees-Galloway and Barrie Osborne talk about the Government's approach to reinstating collective bargaining rights for film and television industry workers.

* Working group set up to overturn 'Hobbit Law' and boost film industry workers rights**

It meant workers in the film industry were engaged as independent contractors, rather than as employees.

Instead of repealing the law as was first suggested, the new Government wants to make significant changes. It set up a working party led by journalist-turned-lawyer Linda Clark.

That group has produced a recommended model that would allow collective bargaining for contractors at an occupation level, such as actors or technicians. It would establish principles to govern relationships including good faith, protection from bullying, discrimination and harassment, reasonable termination of contracts and fair rates of pay, but would keep the part of the current law that sales film workers are only employees if they have a written employment agreement.

The group said that provided the certainty of cost and flexibility of conditions the industry needed.

'This has been an exercise in collaboration and compromise, and we believe it sets the screen sector on a much stronger footing going forward,' Clark said.

'The screen industry is unlike any other. The nature of filming means producers require certainty of cost and flexibility of conditions in order to complete a production on time and on budget. Project durations are often fixed, and one worker can be involved in multiple productions during a year.

'The working group is proposing a model that reflects the sector's uniqueness. It retains parts of the current law, but also allows contractors to bargain collectively and it establishes principles that promote strong, productive relationships. To keep up with current trends, it also applies more appropriately to the overall screen sector, rather than film productions alone.'

Minister for Workplace Relations and Safety Iain Lees-Galloway said it was supportive of the screen sector and its desire to remain an attractive hub for film production.

'The Government will now consider and respond to the recommendations. Any necessary law changes would be introduced next year and go through the normal legislative process.'